LAHORE: The Lahore High Court dismissed as withdrawn a petition filed by PML-N President Shehbaz Sharif and his son Hamza on Thursday, citing insufficient evidence to determine whether the case fell under the jurisdiction of the Federal Investigation Agency (FIA) or the National Accountability Bureau (NAB).
From 2008 to 2018, a division bench led by LHC Chief Justice Muhammad Ameer Bhatti was hearing a petition seeking orders to invalidate the FIA’s FIR against them for allegedly amassing riches disproportionate to known sources of income, financial fraud, impersonation, forgery, and money laundering.
They further asked the court to declare the proceedings invalid, lacking in legal power, and lacking in jurisdiction.
The court was also asked to prevent respondents NAB and FIA from taking any unfavourable action against them.
As the hearing began, Amjad Pervez, lawyer for the petitioners, asked the court how it was possible that two independent institutions were looking into the same subject.
He claimed that from 2008 to 2018, a reference was filed under charges of money laundering with the approval of the NAB chairman.
In response to a question from LHC CJ Bhatti, the lawyer stated that the FIA had filed a FIR against his clients on November 14, 2020.
An irritated LHC CJ remarked that this meant you went to the high court after two years had passed after the FIR was filed.
He went on to say that the case’s challan had been sent to the trial court, which would evaluate the case.
The lawyer stated again that the matter filed by the FIA did not fit under its authority.
He went on to say that because the matter was under the jurisdiction of the NAB, the trial court’s procedures should be declared illegal.
Following the submission of a challan before the LHC, Justice Bhatti noticed how the LHC could declare the proceedings of a trial court null and void.
“Why did you not bring this plea before the trial court, and why did you come to LHC after two years?” the judge inquired.
“You should put together a legal comparison to see if this matter falls under the jurisdiction of this or that entity.” Your petition contains no case comparisons between the NAB and the FIA that could support your position.”
This time, Amjad Pervez had no choice but to withdraw the petition and file a new one with a comparison of law and cases to substantiate his position. Finally, the petition was dismissed as withdrawn by the bench.
